Panama Railway Co. v. Johnson
New York Supreme Court
Appeal from circuit court, New York county. Action by the Panama Railway Company against Richard L. Johnson. Defendant appeals from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial. Code Civil Proc.
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Appeal from circuit court, New York county. Action by the Panama Railway Company against Richard L. Johnson. Defendant appeals from a judgment for plaintiff entered on the verdict of a jury, and from an order denying a motion for a new trial. Code Civil Proc. N. Y. § 995, provides, in regard to exceptions taken upon a trial by a jury, that “an exception must be taken at the time when the ruling is made, unless it is taken to the charge given to the jury, in which case it must be taken before the jury have rendered their verdict.”
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover the sum of $5,200 alleged to have been received by the defendant as agent of the plaintiff, and to have been by him embezzled and fraudulently misapplied. Upon the trial, evidence was introduced to show the receipt by the defendant of the sums of money referred to in the complaint. The defendant denied the embezzlement and misappropriation, and offered proof in support of such denial. The jury rendered a verdict showing that they found in favor of the defendant upon one item charged against him, and in favor of the plaintiff upon two other items; and from…
2Cited by3 opinions
- State v. OwensMontana Supreme Court · 1979
- Walar v. RechnitzAppellate Division of the Supreme Court of the State of New York · 1908
- Broadway Trust Co. v. FryAppellate Terms of the Supreme Court of New York · 1903